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February 10th, 2018 at 4:40 pm

Bryant’s Maritime Blog – 8 February 2018


NTSB – report on loss of El Faro;

USACE & EPA – ‘waters of the United States’;

NSGAB – meeting on 6-7 March;

DOS – meeting re SSE 5 0n 1 March;

COAC – meeting on 28 February;

Northern California – RNAs proposed;

USCG – list of prohibited vessels;

TSAC – meeting on 6-8 March;

House – bill introduced re USCG Commandant and JCS;

Court – maritime attachment pleading requirements; and

Court – application of state employment laws to OCS facilities.

February 8, 2018

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Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Don’t believe everything you think.

NTSB – report on loss of El Faro

clip_image004 The National Transportation Safety Board (NTSB) issued a news release with links to the report of its investigation of the loss of the cargo ship El Faro and the 33 persons on board. (2/7/18) [].

USACE & EPA – ‘waters of the United States’

clip_image006 clip_image008 The US Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) promulgated a final rule adding an applicability date tom to the 2015 regulation defining ‘waters of the United States’ of 6 February 2020. This change enters into effect immediately. 83 Fed. Reg. 5200 (2/6/18) [].

NSGAB – meeting on 6-7 March

clip_image010 The National Sea Grant Advisory Board (NSGAB), sponsored by the National Oceanic and Atmospheric Administration (NOAA) will meet in Washington, DC on 6-7 March. 83 Fed. Reg. 5249 (2/6/18) [].

DOS – meeting re SSE 5 on 1 March

clip_image012 The Department of State (DOS) will host a meeting on 1 March in Arlington, Virginia in order to prepare for the upcoming session of the IMO Sub-committee on Ship Systems and Equipment (SSE 5). Items on the agenda include fires in ro-ro spaces on passenger ships and onboard lifting appliances. 83 Fed. Reg. 5288 (2/6/18) [].

COAC – meeting on 28 February

clip_image014 The Customs Commercial Operations Advisory Committee (COAC), sponsored by the US Customs and Border Protection (CBP), will meet in Miami on 28 February. 83 Fed. Reg. 5268 (2/6/18) [].

Northern California – RNAs proposed

clip_image016 The US Coast Guard proposes to establish regulated navigation areas (RNAs) at the harbor entrance bars of Crescent Harbor, Humboldt Bay, Noyo River, and Morro Bay in Northern California. Comments must be submitted by 12 March. 83 Fed. Reg. 5592 (2/7/18) [].

USCG – list of prohibited vessels

clip_image017 The US Coast Guard published an official list of vessels prohibited from entering the waters of the United States. The list enters into effect immediately. 83 Fed. Reg. 5683 (2/7/18) [].

TSAC – meeting on 6-8 March

clip_image018 The Chemical Transportation Advisory Committee (CTAC), sponsored by the US Coast Guard, will meet on 6-8 March in Houston. Topics on the agenda include design standards for vessels with natural gas and hazardous substance spill response plans for vessels. 83 Fed. Reg. 5683 (2/7/18) [].

House – bill introduced re USCG Commandant and JCS

clip_image020 Representative Tipton (R-CO) introduced a bill (H.R. 4939) to amend title 10, United States Code, to provide for the membership of the Commandant of the Coast Guard on the Joint Chiefs of Staff. Official text of the bill is not yet available. (2/6/18).

Court – maritime attachment pleading requirements

clip_image022 In a well-reasoned and thoroughly explained opinion, the US Court of Appeals for the Second Circuit affirmed the district court’s denial of a motion for a maritime attachment of property allegedly owned by one of plaintiff’s debtors. The court held that the motion for attachment must contain more than an assertion that unidentified property that might be owned by an affiliate of the debtor might be in the possession of the defendant is insufficient to fulfill the pleading requirements. DS-Rendite v Essar Capital Americas, No. 15-3777-cv (2nd Cir., February 6, 2018) []. Note: This item was first brought to my attention by my good friend Keith Heard of Burke & Parsons.

Court – application of state employment laws to OCS facilities

clip_image024 The US Court of Appeals for the Ninth Circuit overruled the district court and held that, under the Outer Continental Shelf Lands Act (OCSLA), a coastal state’s wage and hour laws could be applied to a claim for wages by a discharged employee previously employed on an offshore platform. Newton v Parker Drilling Management Services, No. 15-56352 (9th Cir., February 5, 2018) [].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – February 2018

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    logo11 BWM reform

    In the January 2019 edition of Maritime Reporter and Engineering News, you can find my article entitled "BWM reform". The article discusses the recent enactment of the Vessel Incidental Discharge Act of 2018 (VIDA). The Act greatly reforms the process for regulation of ballast water discharges into waters of the United States. It not only brings the US ballast water management (BWM) regulatory scheme into closer alignment with the international standard, but it also largely eliminates the authority of states and tribal govenments to establish their own standards. Full implementation will take time, but there is light at the end of this particular tunnel.